Two police officers used “unjustified” force on a detainee in Auckland which caused him to fall headfirst onto a concrete bed in an incident the police watchdog said failed to meet basic standards of care.
On January 18, 2023, an 18-year-old man, referred to as Mr X in the report, was arrested by police for breaching a bail condition.
While the arrest itself was lawful, the Independent Police Conduct Authority (IPCA) found serious failings in how officers treated him once in custody.
The man was taken to the Auckland Custody Unit, which was overseen by a police sergeant that afternoon, and was placed in a holding cell.
He was initially calm but became distressed after learning he would be held overnight, kicking over a cup of water, spitting on the cell’s floor and walls, and kicking the cell window.
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Shortly after, the man was moved from a holding cell into an overnight cell by the police sergeant and a custody officer.
“The footage shows [the 18-year-old] was compliant and freely walking toward the cell block,” the report read.
When the man arrived at his cell, he hesitated, stepped away from the cell door and asked for a dry cell, which he believed was a reasonable request. Moisture was visible on the floor and bed plinth and there was a dry cell directly opposite, the IPCA report said.
The officers say the man became aggressive and yelled he was not going into a wet cell, adding they felt it was unsafe for them to look for another cell.
The officers took hold of each of the man’s arms and moved him into the cell as another officer followed and removed the cell’s mattress.
Once inside, the officers restrained him and, in a manoeuvre not approved in police training, lifted his legs while holding his arms — causing him to fall headfirst onto the concrete bed plinth.
The man told the IPCA he lost consciousness and was bleeding from his mouth.
The IPCA found that the custody officer and police sergeant had no justification for the takedown, saying they could have stepped back from him and exited the cell.
“It is our view that Officers D and E were not justified by section 39 in the force they used to take Mr X to the floor.”
It also said it was “concerning” the officers dismissed the possibility of the man having a head injury and that they should have contacted a health professional for advice.
The man then remained in the cell without a mattress or blanket for nearly four hours, with CCTV showing him curled up on the concrete bed using his T-shirt for warmth.
The report found “no genuine reason” for these to be withheld by custody staff.
“In our view, staff were punishing Mr X.”
Officers also failed to record key details in the Electronic Custody Module, including the man hitting his head, and did not conduct required welfare checks in person, using the CCTV camera instead.
Although police initially laid common assault charges against both officers following an investigation, the case was dismissed in November 2024.
The judge found no deliberate intent or recklessness, but acknowledged the actions may have been careless.
“Our views as to the justifiability of the actions of Officers D and E remain unchanged,” said IPCA chairperson Judge Kenneth Johnston KC.
Police acknowledged the findings of the report in a statement on Thursday morning.
Auckland City District Commander Superintendent Sunny Patel said police had a general duty of care to all people in custody.
“We have since commenced an employment process with those staff members, which remains ongoing.
“Police manage a large number of people in our custody without incident every year, and we continue to take learnings from every interaction.”
